RUP CHAND Vs. MADHO RAM AND OTHERS

JUDGEMENT

(1.) This is a tenant's second appeal against the decision of the Addl. Civil Judge, Dehra Dun rejecting his objection to the execution of a decree for his ejectment on the ground that the execution was barred by Sec. 14 of the UP Control of Rent and Eviction Act. The facts are these: The decree holder Madho Ram was the landlord of the tenant Appellant Rup Chand. He filed a suit for the ejectment of Rup Chand on two grounds (1) that he had defaulted in payment of rent and (2) had sub-let a portion of the premises to a sub tenant. Both the tenant and the sub tenant contested the suit but did not turn up on the date of hearing, and the suit was heard ex-parte on the evidence of the Plaintiff landlord. The trial court held that there had been a subletting without the permission of the landlord and decreed the suit for ejectment. He also decreed the suit for recovery of rent. The date of the decree is 7th June 1946. This is an important fact as will appear presently.

(2.) The ex parte decree was set aside by the appellate court but restored by the High Court on revision. The landlord then applied for execution. The tenant, who is the Appellant before me, objected that execution of the decree was barred under Sec. 14 of the Control of Rent and Eviction Act. This objection was dismissed both by the execution court and by the learned Judge. The tenant has now come to this Court in second appeal.

(3.) After hearing Learned Counsel for the Appellant and the Respondents I am of the opinion that the appeal must succeed. The Control of Rent & Eviction Act protects the tenant against arbitrary eviction and this protection is provided in three Sections 3, 14 and 15. Sec. 3 bars any suit for the eviction of the tenant without the permission of the District Magistrate except on seven grounds specified in that section. One of them is the subletting of the whole or any portion of the accommodation by the tenant on or after first day of Oct. 1946 without the permission of the landlord.